Dear Attorney,
I would like to seek advice regarding my child’s father, who has not provided any financial support or even communicated to check on our child’s well-being. We have not received any form of assistance from him, and I would like to know the legal steps I can take to compel him to provide monthly financial support for our child. What legal actions are available to us, and how can we ensure that he fulfills his responsibilities?
Concerned Mother
Insights
In the Philippines, parents are legally obligated to provide financial support for their children under the Family Code of the Philippines (Executive Order No. 209). This support includes necessities such as food, clothing, shelter, education, and healthcare, among others. The duty to provide support is shared equally between both parents, regardless of their marital status.
If the father of the child refuses to provide any form of support, you can file a petition for child support before the appropriate court. Here are the steps you can take to ensure that the father contributes financially:
Send a Demand Letter: It is advisable to begin by sending a formal demand letter requesting financial support. This document should outline the specific needs of your child and request a reasonable amount for monthly support. The demand letter can serve as evidence in case the matter escalates to legal proceedings.
Filing a Petition for Support: If the father refuses or fails to respond to the demand letter, you may file a petition for child support in the Regional Trial Court (Family Court). In this petition, you will need to prove the child’s relationship to the father (e.g., through the birth certificate) and the father's financial capability to provide support.
Provisional Support: Once the petition is filed, the court may grant provisional or temporary support while the case is ongoing. This ensures that the child’s needs are met even while waiting for the court’s final decision.
Child Support Calculation: The amount of support that can be demanded from the father will depend on his financial capacity and the child’s needs. There is no fixed amount for child support in the Philippines, but the law requires that the support should be proportional to the father’s income. The court will assess the father’s financial situation and determine a reasonable amount based on these factors.
Enforcement of Court Decision: If the court rules in your favor and the father is ordered to provide monthly support but still refuses to comply, you can request the court to issue a writ of execution. This legal remedy will enforce the court’s decision, potentially leading to garnishment of the father’s wages or other forms of enforcement.
Possible Criminal Liability: If the father deliberately refuses to provide support despite a court order, he may also face criminal charges under the Revised Penal Code for economic abuse or abandonment, depending on the circumstances.
It is important to seek the assistance of a family law attorney throughout this process to ensure that the legal requirements are properly met and that your child’s rights are upheld. Legal representation will also help ensure the best possible outcome for your child’s financial security.